Posted on Wed, Feb. 07, 2007


Legislature expected to add one black judge today


rburris@thestate.com

When the House and Senate meet in a joint session at noon today, the S.C. judiciary will — at best — pick up one new African-American judge.

Jan B. Holmes is running unopposed for the 15th Circuit family court seat based in Georgetown.

State Sen. Robert Ford and others say three black candidates should be up for a vote today — not just one.

Three weeks ago, the nomination of African-American judges consumed the Legislative Black Caucus.

Members sequestered themselves in a two-hour executive session trying to figure out how to get more black judges elected.

“It was a knock-down, drag-out fight,” said Ford, D-Charleston, who, like other black lawmakers, is frustrated that black residents and women continue to be severely underrepresented on the state’s courts.

The General Assembly’s judicial-selection committee, of which Ford is a member, qualified three black candidates, meaning they were eligible for an up or down vote on the floor.

“The Black Caucus encouraged two of the three to drop out,” Ford said.

Ford, who leads the caucus’ affirmative-action and civil-rights committee, supports the election of judges by the public. He says that under the current system, where the General Assembly elects judges, the caucus should put up as many qualified candidates as possible to make progress in the number of female and black judges.

Others in the caucus disagree.

“We have to deal in reality,” said state Rep. Leon Howard, D-Richland and caucus chairman. “It is important to put up candidates that can win.”

Last year, the caucus put up several qualified candidates, but the Legislature passed on all of them. That process leaves the caucus divided over how to fight a system some say was not designed to ensure representation of minorities and women.

“This is my 17th year in Columbia, and it’s been frustrating to me ever since I’ve been here,” said state Rep. Ken Kennedy, D-Williamsburg. “To me, as long as the General Assembly has to vote on judges, we’re never going to get any fair share of African-Americans elected judges.”

The 32-seat slate of judgeships up for election today now is uncontested, according to Jane Shuler, chief counsel for the S.C. Judicial Merit Selection Commission, which screens candidates.

The commission qualified and approved 38 candidates.

If the Legislature accepts the slate, it will raise the number of black judges in the state to nine, the second-highest total ever.

It also will leave the Black Caucus conflicted and the future path to more diverse representation on the state’s courts about as clear as mud.

“I have been an advocate of the committee qualifying more than three judges,” said state Rep. William Clyburn, D-Aiken.

“The more you get out there, the more opportunity you have to succeed,” said Clyburn, who also says the process has to change.

“That’s the question of the day,” said state Sen. Gerald Malloy, D-Darlington, an attorney. “How do you improve the process to make it more reflective of African-Americans and women? Because this is the process we have. It’s the cards that are in our hands. We haven’t solved the puzzle of how it’s done.”

Malloy seriously doubts the Legislature would approve public election of judges.

Three weeks ago, when the caucus adjourned without a consensus, it left black candidates for judgeships to fend for themselves in unfamiliar territory at the State House.

Freshman state Rep. Bakari Sellers, D-Denmark, witnessed the caucus flare-up and said it taught him something while boosting his resolve.

“The votes are counted early,” he said. “That’s one thing I didn’t understand.”

Sellers said legislators will have to teach African-Americans how to navigate the process. He also said he thinks judicial candidates who “stepped back” at the behest of the caucus will be considered again.

“The underlying commonality is that we all want to see more African-American judges on the bench. And I may be naive, but I believe all 124 House members want to see that because this is an embarrassment. So, today we’re plus one.”

Reach Burris at (803) 771-8398.

BLACK CANDIDATES FOR COURTS

Robert Jenkins, a family court judge in Greenville, dropped out of the Court of Appeals race last week.

Jan B. Holmes became the sole candidate for the 15th Judicial Circuit family court seat when Charles Reuben Goude dropped out of the race Monday. The court is based in Georgetown.

Lillie Hart, a Columbia lawyer, dropped out the race challenging Judge Leslie Riddle for her family court seat in Columbia Friday.

AT THE STATE HOUSE

When: Noon today. The S.C. House and Senate will meet in joint session for judicial elections.

What: Legislators will fill 32 posts, including two seats on the state Court of Appeals, four circuit court seats, 25 family court seats and one administrative law judge.





© 2007 The State and wire service sources. All Rights Reserved.
http://www.thestate.com